BILL NUMBER: SB 2083	CHAPTERED  09/27/00

	CHAPTER   696
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 25, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	AMENDED IN ASSEMBLY   AUGUST 24, 2000

INTRODUCED BY   Senator Speier

                        FEBRUARY 25, 2000

   An act to amend Sections 14087.51 and 14087.57 of the Welfare and
Institutions Code, relating to Medi-Cal.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 2083, Speier.   Medi-Cal.
   Existing law permits a special commission to be created in San
Mateo County and any other county designated by the California
Medical Assistance Commission, in order to, among other things, enter
into contracts for the provision of health care services to the
county's Medi-Cal recipients and to subscribers in the Healthy
Families Program.
   This bill would also authorize the Board of Supervisors of San
Mateo County to authorize the commission to provide health care
delivery systems for other eligible persons.
   Existing law specifies that a member of a commission or advisory
to the commission established pursuant to the authority described
above shall not be deemed to be interested in a contract entered into
by the commission for purposes of certain prohibitions applicable to
specified public officers and employees in certain circumstances,
including the situation in which a commission contract authorizes the
member or the organization the member represents to provide services
to Medi-Cal beneficiaries under the commission's programs.
   This bill would expand that provision to apply to any contract
that authorizes the member of the commission or advisory committee or
an organization the member represents to provide services under the
commission's programs.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 14087.51 of the Welfare and Institutions Code
is amended to read:
   14087.51.  (a) It is necessary that a special commission be
established in San Mateo County and in any other county designated by
the California Medical Assistance Commission in order to meet the
problems of the delivery of publicly assisted medical care in the
counties and to demonstrate ways of promoting quality care and cost
efficiency.
   (b) The Board of Supervisors of San Mateo County and of the
designated counties may, by ordinance, establish commissions to do
any or all of the following:
   (1) Negotiate the exclusive contracts specified in Section 14087.5
and to arrange for the provision of health care services provided
pursuant to this chapter.
   (2) Enter into contracts for the provision of health care services
to subscribers in the Healthy Families Program.
   (c) In addition to the authority specified in subdivision (b), the
Board of Supervisors of San Mateo County may, by ordinance,
authorize the commission established pursuant to this section to
provide health care delivery systems for any or all of the following
persons:
   (1) Persons who are eligible to receive medical benefits under
this chapter in the county, including, but not limited to, persons
who are eligible through federal waiver or a pilot project.
   (2) Persons who are eligible to receive medical benefits under
both Title 18 and Title 19 of the federal Social Security Act.
   (3) Persons who are eligible to receive medical benefits under
Title 18 of the federal Social Security Act.
   (4) Persons who are eligible to receive medical benefits under
publicly supported programs if the commission and participating
providers acting pursuant to subcontracts with the commission agree
to hold harmless the beneficiaries of the publicly supported programs
if the contract between the sponsoring government agency and the
commission does not ensure sufficient funding to cover program costs.

   (d) If the board of supervisors elects to enact an ordinance
pursuant to this section, all rights, powers, duties, privileges, and
immunities vested in a county by an article shall be vested in the
county commission.  Any reference in this article to "county" shall
mean a commission established pursuant to this section.
   (e) The enabling ordinance shall specify the membership of the
county commission, the qualifications for individual members, and
such other matters as the board of supervisors deems necessary or
convenient for the conduct of the county commission's activities.
All commissioners shall be appointed by majority vote of the board of
supervisors and shall serve at the pleasure thereof.  The board of
supervisors may appoint no more than two of its own members to serve
on the commission.
   (f) As an alternative to establishing a separate commission, the
enabling ordinance may designate the board of supervisors itself as
the commission authorized by this article.
  SEC. 2.  Section 14087.57 of the Welfare and Institutions Code is
amended to read:
   14087.57.  Notwithstanding any provision of law, a member of a
commission authorized by Section 14087.51 or 14087.54, or a member of
any advisory committee to the commission, shall not be deemed to be
interested in a contract entered into by the commission within the
meaning of Article 4 (commencing with Section 1090) of Chapter 1 of
Division 4 of Title 1 of the Government Code if all of the following
apply:
   (a) The member was appointed to represent the interests of
physicians, health care practitioners, hospitals, pharmacies, or
other health care organizations.
   (b) The contract authorizes the member or the organization the
member represents to provide services under the commission's program.

   (c) The contract contains substantially the same terms and
conditions as contracts entered into with other individuals or
organizations that the member was appointed to represent.
   (d) The member does not influence or attempt to influence the
commission or another member of the commission to enter into the
contract in which the member is interested.
   (e) The member discloses the interest to the commission and
abstains from voting on the contract.
   (f) The commission notes the member's disclosure and abstention in
its official records and authorizes the contract in good faith by a
vote of its membership sufficient for the purpose without counting
the vote of the interested member.
